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Air Portugal Flight Personal Injury Claims Guide – How To Claim Compensation For A Accident on a Air Portugal Flight?

TAP Air Portugal flightIt is well known that flying is the safest way to travel. Statistics tell us that the odds of dying in a plane crash are infinitesimally small. In this guide we are going to concentrate on the accidents that happen while on a flight. If you have received an injury whilst aboard a TAP Air Portugal flight and it is due to the negligence of the airline then you may be able to claim damages for the suffering you have experienced. You are eligible to make a claim whether you are a passenger, cabin crew or even ground crew. If it can be proved that somebody else’s negligence caused you to become injured then you may have a personal injury claim. We recommend that you speak to a personal injury solicitor that Legal Expert can provide as soon as possible. We have a friendly team of highly experienced staff who can look at the details of your case and advise you accordingly. Please call us on 0800 073 8804 for more information.

We also recommend that you read on through this helpful guide to find out more about ways in which you may be injured whilst flying on a plane, and what you should do in this situation.

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TAP Air Portugal Accident and Injury Claim Guide

Although fear of flying is a common form of anxiety, flying is actually safer than driving a car, travelling on a bus or riding a bicycle. This may feel hard to believe when you are several thousand feet up in the air but aeroplanes are the safest they have ever been thanks to state-of-the-art technology and highly trained pilots. Did you know that the odds of your aeroplane crashing are as little as one in 1.2 million and your chances of dying in a plane crash are even lower at one in 11 million. With odds like these, the fear of flying seems irrational. The most common injuries that could happen on an aircraft include burns from hot food and drinks, collisions with a trolley, food poisoning and injuries caused by luggage falling from overhead lockers. If you have experienced an injury such as this which can be attributed to negligence of the cabin crew then you may be eligible to make a claim. Fortunately, no matter where you are in the world you are protected by legislation that is designed to protect air travellers. Although complex, an experienced personal injury lawyer will be able to explain the details to you and this guide will help you to understand the procedure if you become injured on a TAP air Portugal plane.

How Can You Be Injured On An Airplane?

Whether you are travelling in business class or have booked a cheap flight, you are still exposed to the same risks which could be caused by the negligence of the crew. Injuries could occur whilst passengers are boarding or disembarking the plane. This is a time when lots of people are moving around and walking up and down potentially hazardous steps. Injuries could also occur when cabin crew are moving through the cabin serving refreshments. Spillages occur quite regularly, particularly if there is turbulence. If a hot drink is spilt on a passenger, this can cause a nasty injury. Thanks to legislation which exists to protect passengers, the airline could be found liable if they are the cause of your injury, if you have been injured due to an event that was not your fault.

What Makes You Eligible To Make An Airplane Accident Claim?

If you suffer hearing loss due to a change of the cabin pressure or DVT then you are unlikely to be able to claim against TAP Air Portugal as, although unfortunate and painful, this is your body’s own natural reaction to the normal workings of an aircraft. However, if your injury was caused because a member of staff has acted negligently or not exercised an appropriate level of care then you could be able to make a claim. If, for example, the cabin crew have failed in their duty to secure the overhead luggage bins prior to takeoff and landing and you are injured by falling luggage, then you may be able to claim.

Your Air Passenger Rights In The Event Of Injury

  • In 1999, a piece of legislation called the Montreal Convention was created to protect the rights of travellers. This legislation covers you wherever you are in the world while inflight. There is however a cap on the amount of compensation that you are able to receive under the Convention. This is around £100,000 but depends on the exchange rate at the time.
  • If you have been injured on an internal flight within the UK then standard UK law will govern the amount of compensation you are able to claim.
  • If you booked your flight as part of a package holiday then you may be covered under the Package Tour Regulations 1992 legislation. This holds the tour operator liable for any injury you suffer as a result of the negligence of a third party connected to the package you booked. In this case, the third party would be TAP Air Portugal.
  • Another alternative is using the Consumer Credit Act 1974 to make a claim if you booked your flight on a credit card and it cost over £100.

Your Air Passenger Rights Under The International Montreal Convention

The Montreal Convention of 1999 was signed by the leaders of 120 countries, making it’s remit international. It was created to protect passengers who have suffered cancellations, lost luggage and flight delays. It also offers protection to passengers who have been injured whilst travelling on a plane due to no fault of their own. Injuries are covered by article 17. The Montreal Convention states that the airline company is responsible for passengers from the point at which they board the plane, to the moment they disembark. During this time a passenger is able to claim compensation for any physical injury they receive that can be attributed to the actions of the airline. This does not however extend to emotional trauma. The personal injury claims time limit laid out by the Montreal Convention is just two years, which is less than the claims time limit in the UK. We therefore recommend you contact Legal Expert at your earliest convenience to set the ball rolling and ensure that you receive the damages you deserve.

When Am I Eligible To Claim Compensation For A Flight Accident?

There are a number of ways in which you could be injured on a plane and for which the airline may be held liable. Some examples include the following:

  • Scalds and burns received during spillages in food and drink service or items that have been reheated to too high a temperature.
  • Accidents involving disabled passengers who have not been given appropriate assistance.
  • Trolley accidents which can be very serious owing to the size and weight of them.
  • Overhead locker accidents where luggage has fallen from above.
  • Food poisoning from badly prepared or stored food.
  • Allergic reactions to food or drinks.
  • Slips & falls.
  • Injuries caused by unexpected turbulence.

Burns And Scalds On A Flight

Burns can have nasty results if they are not treated quickly and appropriately. Painful blisters can turn into unsightly scars. If you suffer a hot coffee burn or hot tea burn on a flight or are served food that has been heated up too much then you may suffer an injury that cannot be properly treated until the flight is over. If your injury was not your fault and was caused by a negligent act of a member of staff then you could claim damages for the pain and suffering you experienced. Speak to Legal Expert today to find out more.

Passengers With Disabilities

Passengers with a disability have a right to receive special assistance when travelling on an aircraft. Crew should ensure that a disabled person has boarded and disembarked the plane safely as well as helping them to and from the toilet during the flight. Cabin crew should also check that the disabled person has secured themselves into their seat properly. If during any of these tasks the cabin crew has failed to provide adequate assistance and this has resulted in injury then as a person with a disability, you may be able to claim compensation.

I Was Injured On An Air Portugal Aircraft By A Service Trolley, Can I Claim?

Packed with food and drink, service trolleys can be extremely heavy. Whilst cabin crew have a duty of care to keep passengers safe whilst moving the service cart down the aisle, sometimes accidents could occur resulting in injuries that could be serious. If you have been injured following a trolley accident whilst on a flight then please call Legal Expert today to find out what compensation you may be able to claim.

 I Slipped On A TAP Air Portugal Flight Can I Claim?

Slips trips and falls could occur most regularly as people are boarding and leaving the plane. In some situations, stairs may have not been properly attached to the plane causing a serious tripping hazard. Falls could also occur within the aircraft, particularly if items are creating an obstacle in the aisles and vestibules. If you suffer an injury following a slip or fall and it can be proved that the airline was the cause of this fall then you may be eligible to claim compensation. However, if you tripped because you were rushing or simply tripped over your own feet then the airline will not be held liable.

Injuries That Could Be Caused By Luggage Falling On A Passengers Head

If overhead luggage bins are not properly secured and checked by cabin crew before the flight and prior to landing then there is a risk that they may open and luggage could fall from above. Evidence suggests that the heavier the luggage, the worse the injuries. Head injuries could be a serious consequence of unsecured overhead lockers and the effects of such injuries can be long lasting. If you have been injured by luggage which has fallen from an overhead locker due to it not being secured by cabin crew then call us to see if you are eligible to claim.

Unexpected Turbulence That Could Lead To Injuries

it is vital that when approaching turbulence the captain warns passengers to return to their seats and fasten their seat belt so that they are not thrown around the aircraft due to the turbulence. If these warnings are not given and due to turbulence you are injured you may be able to pursue an injury claim.

Inflight Food Poisoning Claims

If snacks and meals served on a TAP Air Portugal flight are not properly stored, are incorrectly heated or are used beyond their use-by date then passengers run the risk of food poisoning. If you have suffered the symptoms of food poisoning including diarrhoea, vomiting, stomach cramps or nausea and you think this could be related to food that you ate during a flight then you could make a claim against the airline for food poisoning if it can be medically proven.

Food Allergy Claims

If you have a food allergy then you will be well aware how dangerous exposure to that allergen can be. If you have informed the cabin crew about your food allergy but are subsequently served food containing that ingredient then the airline could be held responsible for any ill effect that you suffer from exposure to that particular type of food.

Injuries That Could Be Caused By Broken And Damaged Seating

Broken or damaged seating has the potential to cause some nasty injuries. Sharp or protruding sections of the chair can cause lacerations or puncture the skin and faulty mechanisms can also cause harm. It is the responsibility of the cabin crew to make a thorough check of the cabin in between flights. If the cabin crew have failed to repair a damaged seat, or allow you to sit in a damaged seat and you become injured then you may be eligible to make a claim.

I Am Claiming Compensation For An Air Portugal Flight Accident, What Could I Claim?

Once you have made the decision to make a claim you will find that there are a number of different things that you can seek damages for. Your personal injury lawyer will be able to explain this in more detail after looking at your case but broadly speaking, these are the main categories of compensation that you may consider claiming for:

  • General damages. This covers the pain and suffering you experienced following your injury and any long-term health issues that you continue to suffer from.
  • Medical expenses. If you have been liable for any out of pocket medical expenses such as the cost of therapy, prescription costs or hospital costs incurred in another country then as long as you keep the documentation and receipts, you should be able to claim these back in full.
  • Travel expenses. If you have spent money on travel expenses that are directly related to your injury such as transport costs to and from hospital or rehabilitation appointments then you can claim this back assuming you have the correct receipts.
  • Loss of earnings. If the ill health relating to your injury has meant that you are unable to return to work then you may be able to make a claim for loss of earnings. More serious injuries may mean that your opportunity to return to work in the future is also affected. In this case you could claim for loss of future earnings.
  • Care costs. If your injuries were so severe that you were unable to carry out the day-to-day tasks in your home without assistance then you may be able to claim care costs to cover the expenses of the person who has looked after you.

Flight Accident Or Injury Claim Calculator

A personal injury claims calculator can be helpful in giving you a rough idea of the kind of compensation amounts you may be able to expect following a claim. However, the exact amount will depend on the details of your case and you will get a more accurate estimate by speaking to a personal injury specialist.

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Injury Type Severity of Injury Compensation Amounts Information
Head Injury Moderate Brain Damage £43,060 to £90,720 These injuries range from concentration and memory issues, ability to work is reduced, risk of epilepsy to severe intellectual deficit and effects of speech, sight and senses.
Head Injury Minor Brain or Head Injury £2,210 to £12,770 In these cases brain damage if any will have been minimal and the lower bracket reflects recovery within weeks.
Neck Injury Moderate Neck Injury £7,890 to £38,490 These injuries will range from soft tissue damage with further trauma possible, serious limitation of movement, permanent or recurring pain to injuries associated with dislocations and severe fractures.
Neck Injury Mild Neck Injury Up to £7,890 Lower bracket reflects recovery within three months, to short-term acceleration and/or exacerbation injuries, duration of the soft tissue injury will play a major factor.
Shoulder Injury Serious Shoulder Injury £12,770 to £19,200 Dislocation to the shoulder causing back issues, pain to the neck and elbow and gripping issues to the hand.
Arm Injury Permanent and Substantial Disablement £39,170 to £59,860 Serious fractures to one or both forearms leading to disability.
Arm Injury Simple Fractures of the Forearm £6,610 to £19,200 Fractures to forearm.
Hand Injury Serious Hand Injuries £29,000 to £61,910 Brackets include 50 percent reduced capacity, possible amputation and rejoining of fingers, or amputation of some fingers together with part of the palm resulting in gross diminution of grip.
Hand Injury Minor to Moderate Hand Injuries Up to £13,280 Brackets include crush injuries, penetrating wounds, soft tissue type and deep lacerations, impaired function to permanent disability.
Hip/Pelvis Injury Moderate Injuries £12,590 to £39,170 These brackets involve hip replacement or other surgery to significant pelvis injury.
Back Injury Moderate Injury to the Back £12,510 to £27,760 Disturbance of ligaments, soft tissue injuries, prolapsed discs necessitating laminectomy or resulting in repeated relapses to residual disability, traumatic spondylolisthesis with continuous pain requiring spinal fusion.
Back Injury Minor Back Injury Up to £12,510 Brackets include soft tissue injuries, strains and sprains, recovery time plays an important factor.
Leg Injury Moderate Injury to the Leg £27,760 to £39,200 Multiple fractures, severe crushing, future surgery; imperfect union of fractures, muscle wasting with a possible impact on employment.
Leg Injury Less Serious Injuries to the Leg Up to £27,760 Simple fractures to the tibia and fibula to serious leg fractures with incomplete recovery.
Ankle Injury Modest Injuries Up to £13,740 Minor displaced fractures, ligament damage, sprains, recovery will determine the amount.
Foot Injury Modest to Moderate Injury Up to £24,990 Fractures to the foot that could lead to permanent deformity.
Scarring Trivial Scarring Up to £3,530 One scar which may be covered to some small scars.
Food Poison Significant Illness £3,950 to £9,540 Stomach pains, cramps alteration of bowel function, recovery within a couple of years.
Food Poison Minor Up to £3,950 Disabling pain, cramps and diarrhoea.

No Win No Fee Air Portugal Flight Accident Claims

If you have been injured through no fault of your own but are worried about the financial burden of using a lawyer to help you claim then no win no fee could be the perfect solution for you. In a no win no fee contract you will not be asked to pay a penny upfront and there are no hidden costs. A fee is only payable if you are successful in winning your claim. If for any reason you are unsuccessful in your claim then there will be no costs payable. This reduces any of the financial worries that you may have about claiming compensation. No win no fee also means that you can feel confident that if our provided lawyers agree to take on your case we believe you have an excellent chance of winning.

Choose Legal Expert To Conduct Your Air Portugal Flight Accident Claim

Here at Legal Expert, we want to make the legal process as easy as possible for our clients. We recognise that you will be going through an emotionally turbulent and physically difficult time following your accident. Therefore we seek to take away as much of the burden as we can. Our friendly team of advisors and experts are available throughout the process to answer any of your questions and help in any way that we can. Our team have many years experience in the field of personal injury and you can rely on them to win you the maximum possible compensation for your case.

Contact Us Today

If you have decided to make a claim or are seeking further information about claiming then please speak to Legal Expert today. Our telephone number is 0800 073 8804. Alternatively, you can contact us via our website and we will get back to you at your convenience.

Additional Resources

The disabled passenger – In terms of your rights, this page could be useful.

CAA – Aviation Safety – This page might be interesting for you to read.

Generalised information about flight claims – FAQ and their answers.

Compensation for delays – Are you within your rights to claim? See here.

Edited By Melissa.

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    • Patrick Mallon legal expert author

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.

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